Shanxi Fenyang and Anhui Chizhou fought secretly for eight years over the trademark "Xinghua Village". In the end, the State Administration for Industry and Commerce split the trademark into two, with the "wine" in Shanxi and the "play" in Anhui. Because of Du Mu's poems that have been recited through the ages, Xinghua Village is famous throughout the ages. There are many stories related to the "Xinghua Village" in the poem across the country. Among them, Shanxi Fenyang theory and Anhui Chizhou theory are more famous.
The brewing of Fenyang Xinghua Village began in the Northern Wei Dynasty and has a history of more than 1,500 years. In 1957, Xinghuacun Fen Distillery registered the "Xinghuacun" trademark on alcoholic products. In 1997, the "Xinghua Village" trademark was recognized as a nationally well-known trademark by the State Administration for Industry and Commerce. Xinghua Village in Chizhou was once a scenic spot in Anhui. At the end of 1997, Guichi District established the reconstruction of Xinghua Village and the development of Xinghua Village attractions as the "Xinghua Village Famous Brand" strategy. In 1999, Zhan Xiaorong, a Chinese in Europe and chairman of the European Chinese Cultural Development Group, signed a contract with Chizhou City to invest in restoring Xinghua Village to its original appearance. In May 2000, the reconstruction of Xinghua Village in Chizhou broke ground. In 2009, Chizhou Xinghua Village Tourist Area was rated as a national 4A-level tourist attraction.
Who is the real owner of "Xinghua Village"? Not only Shanxi Xinghua Village produces famous wine, Chizhou Xinghua Village is also famous for its wine production. There is Xinghua Village in the southwest of the city. There used to be wine shops here and famous wines were also produced here. However, Shanxi's "Xinghua Village" was registered for alcoholic products as early as 1957 and has been in use ever since. After some controversy, the local "Xinghua Village" trademark in Chizhou was renamed "Xingcun". But what Fenjiu Group didn't expect was that Chizhou, Anhui Province was also building a local Xinghua Village attraction and took the lead in applying to register the "Xinghua" tourism service trademark. On September 14, 2002, the Trademark Office of the State Administration for Industry and Commerce issued an announcement on the preliminary review of the "Xinghua Village" tourism service trademark. Regarding the preliminary announcement, Fenjiu Group raised objections to the Trademark Office of the State Administration for Industry and Commerce twice. In September 2006, the State Administration for Industry and Commerce made a ruling: Fenjiu Group's "Xinghuacun" trademark was approved for use on liquor products, while the opposed trademark "Xinghuacun" was designated for use in tourism services. Fenjiu Group was dissatisfied with this ruling and filed for review again in February 2007. In November 2009, the State Administration for Industry and Commerce issued an approval ruling for the review of the “Xinghua Village and Pictures” trademark objection to Anhui Xinghua Village Cultural Tourism Development Co., Ltd., and the Trademark Review and Adjudication Board approved the company’s registration of the “Xinghua Village” tourism service trademark. According to this ruling, the "Xinghua Village" trademark was split into two, with "wine" in Shanxi and "play" in Anhui.
Both legal teams said the lawsuit was bound to win: On March 18, 2010, Fenjiu Group filed a lawsuit with the Beijing No. 1 Intermediate People's Court, taking the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to court. Anhui Xinghua Village Cultural Tourism Development Co., Ltd. was notified to participate in the lawsuit as a third party. "We are still somewhat confident about this prosecution." Fenjiu Group's legal adviser publicly told the media that as early as 1997, the "Xinghua Village" trademark was recognized as a national well-known trademark, and the law implements protection for well-known trademarks across product categories. Otherwise, it will constitute infringement of a well-known trademark. Fenjiu Group has formed a lawyer advisory group to respond to the lawsuit. The reporter learned that on the evening of March 21, 2010, the relevant departments of Chizhou City urgently held a special coordination meeting to actively study and respond to the "Xinghua Village" tourism service registered trademark dispute. To this end, Chizhou has also specially organized a legal advisory group. "The specific content of our response will not be disclosed to the public for the time being, but we will definitely win this lawsuit." A lawyer from the legal team told reporters.
In November 2009, the State Administration for Industry and Commerce sent Chizhou a ruling approving the review of the trademark objection for "Xinghua Village and Pictures". The 10-year dispute over the "Xinghua Village" trademark has finally come to a conclusion. So far, the "Xinghua Village" written by Du Mu has been divided into two, with "wine" in Shanxi and "you" in Anhui. This seemingly settled matter became controversial again in March 2010. Shanxi Xinghuacun Fen Distillery Co., Ltd. was dissatisfied with the trademark objection review ruling of the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and filed a lawsuit with the Beijing No. 1 Intermediate People's Court on the 18th, taking the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to court.
On March 18, the Beijing No. 1 Intermediate People's Court issued an "Administrative Evidence Notice" to Anhui Xinghuacun Cultural Development Co., Ltd., and Anhui Xinghuacun Cultural Development Co., Ltd. will participate in the lawsuit as a third party. The trademark registration of "Xinghua Village" was approved. It rains heavily during the Qingming Festival, and pedestrians on the road feel like they are dying. When I asked where the restaurant was, the shepherd boy pointed to Xinghua Village. "This "Qingming" poem by Du Mu, a poet of the Tang Dynasty, not only left an eternal masterpiece for future generations, but also made Chizhou's "Xinghua Village" famous all over the world, giving the people of Chizhou a unique feeling for Xinghua Village. In 1999 Zhan Xiaorong, a Hungarian overseas Chinese, came to our city and was deeply attracted by the beautiful scenery of Huanggongjing with "water like a clear spring" and "Ten Miles of Smoke Village is all red". "Xinghua Village is an invisible business card in the world, a treasure and wealth of Chizhou. "Zhan Xiaorong started from the cultural and creative industry. With the approval of the municipal government, he launched the "Xinghua Village" reconstruction project. On May 28, 2001, he applied for the registration of the "Xinghua Village" tourism service registered trademark. Subsequently, he invested in the construction of the Xinghua Village Gujing Cultural Park and the Xinghua Village The first and second phases of the Huacun Tourist Area have been restored. The Xinghua Village Scenic Area has been approved by the Provincial and National Tourism Administration as a 3A and 4A tourist area. In November 2009, the ancient village style was once again revealed to the world. In March, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ruled that the trademark No. 1960307 applied by our city’s Xinghua Village Cultural Tourism Development Co., Ltd. should be approved for registration. Since 2001, Chizhou City has been involved in the dispute over the name “Xinghua Village”. Anhui Xinghuacun Cultural Tourism Development Co., Ltd. and Shanxi Xinghuacun Fen Distillery Co., Ltd. have been in dispute over the use rights and ownership of the "Xinghuacun" trademark, and Shanxi Xinghuacun Fen Distillery Co., Ltd. has received widespread attention from all walks of life. The Trademark Office’s objection stated that their company had established the “Xinghua Village” Jiudu Travel Agency as early as May 2000 to undertake sightseeing tours, travel arrangements and other services. On May 15, 2003, the Chizhou Municipal Government issued a special notice on the matter. Letter of application for a registered trademark for "Xinghua Village" tourism services. The Chizhou Municipal Government believes that Shanxi Xinghua Village Fenjiu Factory Co., Ltd. believes that the "Xinghua Village" in Du Mu's "Qingming" poem is located in Fenyang County, Shanxi Province, which seriously violates historical facts. Du Mu's "Qingming" poem "It rains heavily during the Qingming Festival, and pedestrians on the road want to die. When I asked where the restaurant was, the shepherd boy pointed to Xinghua Village. "It rains heavily during the Qingming Festival" actually refers to the early spring scene in the south of the Yangtze River, not Fenyang, Shanxi on the Loess Plateau. The "Xinghua Village" the poem refers to is in Guichi, Chizhou City, Anhui Province. It has long been concluded that in my country since ancient times Only Chizhou Xinghua Village has a vision for the village. After a legal review by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, it was held that although the registered trademark No. 147571 of the applicant (Shanxi Xinghuacun Fenjiu Factory Co., Ltd.) had been registered before Chizhou Xinghuacun Company applied for registration, it was approved for use in For Class 33 liquor and alcoholic beverages (except beer), the application date for the trademark No. 3287400 "Xinghuacun" applied for registration as a Class 39 service trademark is August 28, 2002. The time is later than the registration date of the opposed trademark (Anhui Xinghuacun Tourism Company filed a registration application with the Trademark Office on May 28, 2001), and the service for which it was approved for registration (specified for use in automobile transportation services) is different from the opposed trademark. The services designated for use of the trademark (specified for use in Class 39 travel agencies, travel arrangements and other services) are not similar, so they cannot constitute an obstacle to the registration of the opposed trademark. It was ruled that Anhui Xinghua Village Tourism Company’s possession of the "Xinghua Village" tourism trademark is legal Right to use. However, on March 18, 2010, Anhui Xinghua Village Cultural Tourism Development Co., Ltd. unexpectedly received the "Notice of Administrative Evidence" from the Beijing No. 1 Intermediate People's Court.
Shanxi Xinghuacun Fen Distillery Co., Ltd. was dissatisfied with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (2009) No. 32351 Trademark Opposition Review Ruling, and filed a lawsuit with the Beijing No. 1 Intermediate People's Court, taking the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to court. Anhui Xinghuacun Cultural Development Co., Ltd. was notified to participate in the lawsuit as a third party. The dispute over the registered trademark "Xinghua Village" in our city for tourism services, which was upheld by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, has become controversial again.
Defend legitimate rights and interests in accordance with the law. From the private sector to the government, everyone is paying close attention to the dispute over the registered trademark for "Xinghua Village" tourism services in Chizhou City. After the news came, leaders of the Municipal Party Committee and Municipal Government attached great importance to it. The main leaders of the city issued instructions that "the trademark issue of Xinghua Village involves Chizhou's external publicity and image display and should be taken seriously." Xinghua Village in Chizhou is a famous historical and cultural village with a long-standing reputation at home and abroad. The Xinghua Village tourist attraction, which has been awarded the title of national 4A tourist attraction, is an important cultural tourism brand in our city. Defending the legitimate ownership of "Xinghua Village" in accordance with the law is a concrete manifestation of being responsible for history and the people, and is of great significance for vigorously developing the cultural tourism industry of our city. Relevant parties are required to attach great importance to the disputes over the registered trademark of Xinghua Village tourism services, and fully and proactively respond to all challenges brought by litigation; they must carefully compare historical documents, study legal provisions, search for and actively verify "Xinghua Village" Various historical materials belonging to Chizhou provide as much evidence as possible that "Xinghua Village" originated from Chizhou. We should take this response to the lawsuit as an opportunity to carry out extensive publicity activities to make the "Xinghua Village" brand a household name in Chizhou and famous at home and abroad. Zhan Xiaorong, chairman of Anhui Xinghua Village Cultural Tourism Development Co., Ltd., said that we value the brand rights of Xinghua Village because it is the regional culture of Chizhou and a precious wealth for the people of the city. We have a responsibility to the people, history, and culture. After receiving the lawsuit, he and the company did not have too many concerns, because this is an unobjectionable historical fact and a business card for the development of Chizhou's tourism and cultural industry. It is related to the construction of Chizhou's historical and cultural city and the creation of an international tourist destination. It is also related to Chizhou descendants’ evaluation of history. They will go all out to do a good job, further collect Chizhou's historical and cultural materials, use them as evidence, and report them to relevant national departments; report to the municipal party committee and government in a timely manner, and do corresponding publicity work. He is very confident and determined to fight for the rights and interests of the people of Chizhou from the perspective of historical data and origin, proving that the Xinghua Village written by Du Mu is in Chizhou, Anhui, and allowing Xinghua Village to go abroad and go global.